Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:57278
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9154 of 2025 1 - Abhay Bunkar S/o Shri Sanjeet Bunkar Aged About 23 Years R/o Village - Bhagwatpur, Police Station Shankargarh District Balrampur - Ramanujganj, Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. P.S. - Shankargarh, District Balrampur - Ramanujganj, Chhattisgarh
... Respondent(s) For Applicant(s) : Shri Chitendra Singh, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 25/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 183/2024 registered at police SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.28 11:09:35 +0530
2 station Shankargarh, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 137(2), 64 (1), 69 and 87 of BNS and Sections 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (1)(12) of the SC/ST (Prevention of Atrocities) Act
1989.
2. Brief prosecution case is that on 5.11.2024, the victim , a minor girl went missing when she had gone with her younger sister to see paddy fields and later to attend the natures call in the forest. Missing complaint was lodged by father of the victim at Police Station Shankargarh on 6.11.2024. The victim however returned on 7.11.2024 and made a statement against the accused alleging that he had taken her to the forest, committed rape on her under the pretext of marriage and kept her confined in a hut at Ambikapur before allowing her to return home. Thereafter the applicant absconded and he was only arrested on
20.03.2025.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that till now only five witnesses have been examined and none of them have supported the prosecution case. It is also contended that the applicant has been implicated due to a financial dispute between the applicant and victim’s mother. Lastly, it is submitted that the applicant has no previous criminal antecedents, he is in custody since 20.03.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon
3 him and thus, it is submitted that the application be allowed and the applicant be released on bail.
4.
Learned counsel for the respondent/State, on the other hand, has opposed the bail application on the ground that he has been absconded for a prolonged period.
5. Victim has appeared through the concerned DLSA and has no objection in granting bail to the applicant.
6. Heard counsel for the parties and perused the case diary and charge sheet coupled with the fact that the prosecution witneses examined have not supported the main allegations, the applicant has remained in custody since 20.03.2025, the charge sheet has already been filed, and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed.
8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the
4 prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge